UK Teen Vaping Enforcement Issues And Solutions in The Works

Instead of setting sweeping vape bans and harsh restrictions on vaping prodcts, which would ultimately make them unavailable also for adults, the focus should be on enforcement against underage and illicit sales.

Diane Caruana

September 15, 2024

Commons Leader Lucy Powell has recently said that after having tackled smoking, the UK government is planning to take on vaping next. The irony in this statement is that local smoking rates were finally reduced, by actually encouraging vaping for smoking cessation. However, while vaping has been promoted by the NHS as an effective tool to help smokers quit, Powell called it a “scourge” among young people.

Meanwhile, the government is preparing the revived Tobacco and Vapes Bill, which is believed to include stricter regulations on vaping, such as banning disposable devices, limiting flavours targeting children, and restricting marketing. The bill also aims to ban smoking in outdoor areas and could apply similar rules to vaping, with further restrictions possibly banning vaping in all indoor public spaces.

The British Medical Association has recently urged the government to go even further by banning all vape flavours except tobacco. While tobacco harm redution experts have criticized this suggestion as well as the plan to ban disposable vapes, calling it a “direct attack on harm reduction.” Experts in the field have consistently highlighted that such measures would push users towards the illegal market and disproportionately affect lower-income individuals trying to quit smoking. However, they have also highlighted that the UK needs to get better at enforcing regulations that prevent vape sales to teens.

The 2024 Underage Vape Sales Report which analysed new FOI data from 138 UK councils, investigated the ongoing issue of underage vape sales in the UK. It highlighted regional differences in underage vape sales, with areas like Liverpool, Manchester, and Cheshire East being most affected, while London had a higher success rate in catching offenders. The report revealed that despite increased test purchases, enforcement success has declined, with only 51% of underage sales reports leading to tests and just 17% resulting in fines. Most offenders received warnings, and the average fine was only £400, far below the £2,500 maximum.

All in favour of a licensing scheme

Dan Marchant, Vape Club Director and report author, proposed a Vape Retail & Distributor Licensing Framework to address these issues. This framework would provide consistent enforcement funding, hold the industry accountable, and reduce youth access to vaping products. It would also empower local authorities to enforce regulations more effectively, ultimately benefiting all stakeholders.

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Similarly, the UK Vaping Industry Association (UKVIA) has long advocated for a vape licensing system to fund a nationwide Trading Standards enforcement program, targeting rogue retailers selling illicit products or selling to minors. The group has recently mentioned it is witnewssing a growing support for such a scheme, which was also discussed by Baroness Merron in the House of Lords during a debate on youth vaping. Infact the UK government is believed to be actively considering introducing such a licensing scheme to strengthen enforcement and support legitimate businesses, potentially even including it in the Tobacco and Vapes Bill.

UKVIA Director General John Dunne welcomed the potential inclusion of the scheme, suggesting that among other things it could generate over £50 million annually to support enforcement efforts, without burdening the Treasury. Dunne expressed optimism about future discussions with ministers to address loopholes in the UK vape supply chain, praising the renewed attention to the issue after earlier efforts to pass the bill without proper debate.

An anonymous AI App that would prevent sales to minors

In other news, a new AI-powered app, AgeAI, is set to automate age verification across hundreds of independent UK vape stores, ensuring compliance with regulations and preventing sales to minors. Developed by SafetyTech company Privately SA and offered through a partnership with the action group Our Vape Advocacy (OVA), the app uses advanced facial age estimation technology to eliminate the guesswork from age checks. This will help vape retailers avoid hefty fines, which can exceed £1,500, for selling to underage customers.

AgeAI is completely anonymous, does not store or transmit images, and is fully GDPR-compliant. Its accuracy helps retailers reduce the need for unnecessary ID checks for adult customers, which are often a source of conflict. According to OVA’s James Van Aalst, the app also streamlines compliance monitoring by automating the “refusals register,” making it easier for stores to track adherence to age restrictions over time. The introduction of AgeAI comes at a crucial time, given the aforementioned reports indicating that rogue retailers are shamlessly selling to minors. The technology, which has been successfully tested in Europe and the US, has received UK certification for identifying underage individuals.